80 FR 33323 - Notice of Final Federal Agency Action on Proposed Highway in California

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 80, Issue 112 (June 11, 2015)

Page Range		33323-33324
FR Document		2015-14264

The FHWA, on behalf of the California Department of Transportation (Caltrans) is issuing this notice to advise the public that Federal actions taken by Caltrans pursuant to its assigned responsibilities under 23 U.S.C. 327, as well as actions by other Federal agencies, are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed Interstate 5 Bus/Carpool Lanes Project (Post Miles 9.7 to 22.5), south of Elk Grove Blvd. to United States (US) Highway 50 in Sacramento County, State of California. This action grants approval for the project.

Federal Register, Volume 80 Issue 112 (Thursday, June 11, 2015)

[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33323-33324]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14264]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Action on Proposed Highway in 
California

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA and other Federal agencies.

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SUMMARY: The FHWA, on behalf of the California Department of 
Transportation (Caltrans) is issuing this notice to advise the public 
that Federal actions taken by Caltrans pursuant to its assigned 
responsibilities under 23 U.S.C. 327, as well as actions by other 
Federal agencies, are final within the meaning of 23 U.S.C. 139(l)(1). 
The actions relate to a proposed Interstate 5 Bus/Carpool Lanes Project 
(Post Miles 9.7 to 22.5), south of Elk Grove Blvd. to United States 
(US) Highway 50 in Sacramento County, State of California. This action 
grants approval for the project.

DATES: By this notice, FHWA, on behalf of Caltrans, is advising the 
public of final actions subject to 23 U.S.C. 139(l)(1). These actions 
have been taken by Caltrans pursuant to its assigned responsibilities 
under 23 U.S.C. 327, as well as by other Federal agencies. A claim 
seeking judicial review of the Federal agency actions on the highway 
project will be barred unless the claim is filed on or before November 
9, 2015. If the Federal law that authorizes judicial review of a claim 
provides a time period of less than 150 days for filing such claim, 
then that shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: Kendall Schinke, Senior Environmental 
Planner, California Department of Transportation, 2379 Gateway Oaks 
Dr., Suite 150, Sacramento, CA 95833, weekdays between 8 a.m. and 4:30 
p.m., (916) 274-0610, [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that Caltrans, and 
other Federal agencies have taken final agency actions by issuing 
licenses, permits, and approvals for the following highway project in 
the State of California. The Interstate 5 Bus/Carpool Lanes Project 
would improve operations and safety of Interstate 5 in Sacramento 
County, California. This would be accomplished by adding bus/carpool 
lanes in the median the entire length of the project. The actions by 
Caltrans and other Federal agencies, and the laws under which such 
actions were taken, are described in the Environmental Assessment (EA)/
Finding of No significant Impact (FONSI) for the project, approved by 
Caltrans on June 2, 2015. The EA/FONSI and other project records are 
available by contacting Caltrans at the address provided above. 
Comments or questions concerning this proposed action should be 
directed to Caltrans at the address provided above.
    This notice applies to Caltrans and other Federal agency decisions 
as of the issuance date of this notice and all laws under which such 
actions were taken, including but not limited to the following Federal 
environmental statutes and Executive orders:

1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321-
4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
3. Land: Section 4(f) of the Department of Transportation Act of 1966 
[49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers) [23 
U.S.C. 319].
4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and Section 
1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)]; 
Migratory Bird Treaty Act [16 U.S.C. 703-712].
5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-470(ll)]; Archeological and Historic Preservation Act [16 
U.S.C. 469-469(c)]; Native American Grave Protection and Repatriation 
Act (NAGPRA) [25 U.S.C. 3001-3013].
6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)-
2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; 
Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209]; The Uniform 
Relocation Assistance and Real Property Acquisition Act of 1970, as 
amended.
7. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-9675; 
Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource 
Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-6992(k).
8. Wetlands and Water Resources: Clean Water Act (Section 404, Section 
401, Section 319) [33 U.S.C. 1251-1377]; Land and Water Conservation 
Fund (LWCF) [16 U.S.C. 4601-4604]; Safe Drinking Water Act (SDWA) [42 
U.S.C. 300(f)-300(j)(6)]; Rivers and Harbors Act of 1899 [33 U.S.C. 
401-406]; Wild and Scenic Rivers Act [16 U.S.C. 1271-1287]; Emergency 
Wetlands Resources Act, [16 U.S.C. 3921, 3931]; Wetlands Mitigation [23 
U.S.C. 103(b)(6)(M) and 133(b)(11)]; Flood Disaster Protection Act, 42 
U.S.C. 4001-4128.
9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income

[[Page 33324]]

Populations; E.O. 11593 Protection and Enhancement of Cultural 
Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 
E.O. 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; E.O. 13112 Invasive Species.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.)

    Authority: 23 U.S.C. 139(l)(1).

Cesar Perez,
Senior Transportation Engineer, Federal Highway Administration, 
Sacramento, California.
[FR Doc. 2015-14264 Filed 6-10-15; 8:45 am]
 BILLING CODE 4910-RY-P

33324 Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices

Populations; E.O. 11593 Protection Federal holidays. If you have questions without corrective lenses, field of vision
and Enhancement of Cultural on viewing or submitting material to the of at least 70 ° in the horizontal
Resources; E.O. 13007 Indian docket, contact Docket Services, meridian in each eye, and the ability to
Sacred Sites; E.O. 13287 Preserve telephone (202) 366–9826. recognize the colors of traffic signals
America; E.O. 13175 Consultation SUPPLEMENTARY INFORMATION: and devices showing red, green, and
and Coordination with Indian amber (49 CFR 391.41(b)(10)).
Tribal Governments; E.O. 11514 I. Electronic Access FMCSA recognizes that some drivers
Protection and Enhancement of You may see all the comments online do not meet the vision requirement but
Environmental Quality; E.O. 13112 through the Federal Document have adapted their driving to
Invasive Species. Management System (FDMS) at http:// accommodate their vision limitation
www.regulations.gov. and demonstrated their ability to drive
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning Docket: For access to the docket to safely. The 21 exemption applicants
and Construction. The regulations read background documents or listed in this notice are in this category.
implementing Executive Order 12372 comments, go to http:// They are unable to meet the vision
regarding intergovernmental consultation on www.regulations.gov and/or Room requirement in one eye for various
Federal programs and activities apply to this W12–140 on the ground level of the reasons, including Best disease,
program.) West Building, 1200 New Jersey Avenue toxoplasmosis scar, corneal scar,
Authority: 23 U.S.C. 139(l)(1). SE., Washington, DC, between 9 a.m. hemorrhage, retinal detachment,
and 5 p.m., Monday through Friday, amblyopia, displaced pupil, cataract,
Cesar Perez, except Federal holidays. macular drusen, esotropia, refractive
Senior Transportation Engineer, Federal Privacy Act: In accordance with 5 amblyopia, complete loss of vision,
Highway Administration, Sacramento, U.S.C. 553(c), DOT solicits comments maculopathy, chronic central serous
California. from the public to better inform its retinopathy, hyperopia, retinal tear,
[FR Doc. 2015–14264 Filed 6–10–15; 8:45 am] rulemaking process. DOT posts these calcification of cornea, and failed
BILLING CODE 4910–RY–P comments, without edit, including any penetrating keratoplasty. In most cases,
personal information the commenter their eye conditions were not recently
provides, to www.regulations.gov, as developed. Thirteen of the applicants
DEPARTMENT OF TRANSPORTATION described in the system of records were either born with their vision
notice (DOT/ALL–14 FDMS), which can impairments or have had them since
Federal Motor Carrier Safety childhood.
be reviewed at www.dot.gov/privacy.
Administration The eight individuals that sustained
[Docket No. FMCSA–2014–0303]
II. Background their vision conditions as adults have
On March 18, 2015, FMCSA had it for a range of one to 29 years.
Qualification of Drivers; Exemption published a notice of receipt of Although each applicant has one eye
Applications; Vision exemption applications from certain which does not meet the vision
individuals, and requested comments requirement in 49 CFR 391.41(b)(10),
AGENCY: Federal Motor Carrier Safety each has at least 20/40 corrected vision
from the public (80 FR 14240). That
Administration (FMCSA), DOT. in the other eye, and in a doctor’s
notice listed 21 applicants’ case
ACTION: Notice of final disposition. histories. The 21 individuals applied for opinion, has sufficient vision to perform
SUMMARY: FMCSA announces its exemptions from the vision requirement all the tasks necessary to operate a CMV.
decision to exempt 21 individuals from in 49 CFR 391.41(b)(10), for drivers who Doctors’ opinions are supported by the
the vision requirement in the Federal operate CMVs in interstate commerce. applicants’ possession of valid
Motor Carrier Safety Regulations Under 49 U.S.C. 31136(e) and 31315, commercial driver’s licenses (CDLs) or
(FMCSRs). They are unable to meet the FMCSA may grant an exemption for a 2- non-CDLs to operate CMVs. Before
vision requirement in one eye for year period if it finds ‘‘such exemption issuing CDLs, States subject drivers to
various reasons. The exemptions will would likely achieve a level of safety knowledge and skills tests designed to
enable these individuals to operate that is equivalent to or greater than the evaluate their qualifications to operate a
commercial motor vehicles (CMVs) in level that would be achieved absent CMV.
such exemption.’’ The statute also All of these applicants satisfied the
interstate commerce without meeting
allows the Agency to renew exemptions testing requirements for their State of
the prescribed vision requirement in
at the end of the 2-year period. residence. By meeting State licensing
one eye. The Agency has concluded that
Accordingly, FMCSA has evaluated the requirements, the applicants
granting these exemptions will provide
21 applications on their merits and demonstrated their ability to operate a
a level of safety that is equivalent to or
made a determination to grant CMV, with their limited vision, to the
greater than the level of safety
exemptions to each of them. satisfaction of the State.
maintained without the exemptions for While possessing a valid CDL or non-
these CMV drivers. III. Vision and Driving Experience of CDL, these 21 drivers have been
DATES: The exemptions were granted the Applicants authorized to drive a CMV in intrastate
April 18, 2015. The exemptions expire The vision requirement in the commerce, even though their vision
on April 18, 2017. FMCSRs provides: disqualified them from driving in
FOR FURTHER INFORMATION CONTACT: A person is physically qualified to interstate commerce. They have driven
mstockstill on DSK4VPTVN1PROD with NOTICES

Charles A. Horan, III, Director, Carrier, drive a commercial motor vehicle if that CMVs with their limited vision in
Driver and Vehicle Safety Standards, person has distant visual acuity of at careers ranging from one to 29 years. In
(202) 366–4001, fmcsamedical@dot.gov, least 20/40 (Snellen) in each eye the past three years, one of drivers was
FMCSA, Department of Transportation, without corrective lenses or visual involved in a crash and two were
1200 New Jersey Avenue SE., Room acuity separately corrected to 20/40 convicted of moving violations in a
W64–224, Washington, DC 20590–0001. (Snellen) or better with corrective CMV.
Office hours are from 8:30 a.m. to 5 lenses, distant binocular acuity of a least The qualifications, experience, and
p.m., Monday through Friday, except 20/40 (Snellen) in both eyes with or medical condition of each applicant

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Document Created: 2015-12-15 15:07:42
Document Modified: 2015-12-15 15:07:42

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of limitation on claims for judicial review of actions by FHWA and other Federal agencies.
Dates		By this notice, FHWA, on behalf of Caltrans, is advising the public of final actions subject to 23 U.S.C. 139(l)(1). These actions have been taken by Caltrans pursuant to its assigned responsibilities under 23 U.S.C. 327, as well as by other Federal agencies. A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before November 9, 2015. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies.
Contact		Kendall Schinke, Senior Environmental Planner, California Department of Transportation, 2379 Gateway Oaks Dr., Suite 150, Sacramento, CA 95833, weekdays between 8 a.m. and 4:30 p.m., (916) 274-0610, [email protected]
FR Citation		80 FR 33323

80 FR 33323 - Notice of Final Federal Agency Action on Proposed Highway in California

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 80, Issue 112 (June 11, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration